Kerala MLAs withdraw PIL against ED probe into KIIFB after Kerala High Court stays future summons to officials

A public interest litigation (PIL) against the ongoing Enforcement Directorate (ED) probe into the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB), was withdrawn by the five petitioners who are all members of the Kerala Legislative Assembly a[KK Shailaja & Ors. v Union of India & Ors.]..On August 11, Communist Party of India (Marxist) MLAs KK Shailaja, IB Satheesh and M Mukesh, Communist Party of India MLA E Chandrasekharan and Congress (Secular) MLA Ramachandran Kadannappally, had approached the Kerala High Court with the PIL..At the last and only hearing, a division bench of Chief Justice S Manikumar and Justice Shaji P Chaly orally remarked that it may be better if those who have been summoned, appear before the ED and co-operate with its investigation.The bench had also said that it would pass orders even though the plea wasn't officially admitted due to questions around its maintainability as a PIL.Yesterday, the petitioner-MLA's informed the Court that they wished to withdraw the plea.The Court allowed the same, recording, "Dismissed as not pressed." .The PIL primarily contended that the ED had been issuing repeated summons to several officials of the KIIFB in an effort to tarnish its goodwill which would in turn, affect the development of infrastructure in the State.It stated that the KIIFB had approved a total number of 993 projects throughout the State of Kerala and the total value of the approved projects was ₹53,869.44 crores.It had also raised a sum of ₹2,150 crores from ‘Masala bonds’ with the sanction of the Reserve Bank of India under the Foreign Exchange Maintenance Act (FEMA).The plea included the following quote from the decision of the Supreme Court in Reliance Industry v Securities and Exchange Board of India.The MLAs alleged that the ED has been constantly attempting to tarnish the goodwill of the KIIFB as well other statutory and executive establishments of the State of Kerala.Pertinently, the plea took serious objection to the repeated summoning of many office bearers of the KIIFB including its CEO, KM Abraham, as well as the wide publicity given to the same.The plea also sought orders to set up a mechanism to solve disputes between the Central and State Governments and their respective statutory agencies.On the other hand, the ED maintained that it is the petitioners who are trying to protect the officers of the KIIFB, under the guise of a PIL..The petitioners were represented by Senior Advocate Ranjith Thampan and advocates VM Krishnakumar, Maya M, PS Sidharthan, and PR Reena.Deputy Solicitor General of India S Manu appeared for the Central government and Central Government Counsel Jaishankar V Nair appeared for the Enforcement Directorate..Dr. Thomas Issac, former Kerala Finance Minister and member of the Communist Party of India (Marxist), as well as the KIIFB itself had also approached the Court with separate pleas challenging the summons issued by the ED.On October 17, the High Court had, in those petitions, stayed future summons for a period of two months and suo motu impleaded the Reserve Bank of India..[KIIFB v. ED] Kerala High Court grants relief to Thomas Isaac, KIFFB officials; orders no further summons for 2 months

Kerala MLAs withdraw PIL against ED probe into KIIFB after Kerala High Court stays future summons to officials

Giti Pratap

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